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Whereas, it is essential to just government
we recognize the equality of all men before the law, and hold
that it is the duty of government in its dealings with the people
to mete out equal and exact justice to all, of whatever nativity,
race, color, or persuasion, religious or political; and it being
the appropriate object of legislation to enact great fundamental
principles into law: Therefore,
Be it enacted by the Senate and House of Representatives
of the United States of American in Congress assembled, That
all persons within the jurisdiction of the United States shall
be entitled to the full and equal and enjoyment of the accommodations,
advantages, facilities, and privileges of inns, public conveyances
on land or water, theaters, and other places of public amusement;
subject only to the conditions and limitations established by
law, and applicable alike to citizens of every race and color,
regardless of any previous condition of servitude.
§ 2. That any person who shall violate
the foregoing section by denying to any citizen, except for
reasons by law applicable to citizens of every race and color,
and regardless of any previous condition of servitude, the full
enjoyment of any of the accommodations, advantages, facilities,
or privileges in said section enumerated, or by aiding or inciting
such denial, shall, for every offence, forfeit and pay the sum
of five hundred dollars to the person aggrieved thereby, to
be recovered in an action of debt, with full costs; and shall
also, for every such offense, be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than five
hundred nor more than one thousand dollars, or shall be imprisoned
not less than thirty days nor more than one year: Provided,
that all persons may elect to sue for the State under their
rights at common law and by State statutes; and having so elected
to proceed in the one mode or the other, their right to proceed
in the other jurisdiction shall be barred. But this proviso
shall not apply to criminal proceedings, either under this act
or the criminal law of any State: And provided further, That
a judgment for the penalty in favor of the party aggrieved,
or a judgment upon an indictment, shall be a bar to either prosecution
respectively.
§ 3. That the district and circuit courts
of the United States shall have, exclusively of the courts of
the several States, cognizance of all crimes and offenses against,
and violations of, the provisions of this act; and actions for
the penalty given by the preceding section may be prosecuted
in the territorial, district, or circuit courts of the United
States wherever the defendant may be found, without regard to
the other party; and the district attorneys, marshals, and deputy
marshals of the United States, and commissioners appointed by
the circuit and territorial courts of the United States, with
powers of arresting and imprisoning or bailing offenders against
the laws of the United States, are hereby specially authorized
and required to institute proceedings against every person who
shall violate the provisions of this act, and cause him to be
arrested and imprisoned or bailed, as the case may be, for trial
before such court of the United States, or territorial court,
as by law has cognizance of the offense, except in respect of
the right of action accruing to the person aggrieved; and such
district attorneys shall cause such proceedings to be prosecuted
to their termination as in other cases: Provided, That nothing
contained in this section shall be construed to deny or defeat
any right of civil action accruing to any person, whether by
reason of this act or otherwise; and any district attorney who
shall willfully fail to institute and prosecute the proceedings
herein required, shall, for every such offense, forfeit and
pay the sum of five hundred dollars to the person aggrieved
thereby, to be recovered by an action of debt, with full costs,
and shall, on conviction thereof, be deemed guilty of a misdemeanor,
and be fined not less than one thousand nor more than five thousand
dollars: And provided further, That a judgment for the penalty
in favor of the party aggrieved against any such district attorney,
or a judgment upon an indictment against any such district attorney,
shall be a bar to either prosecution respectively.
§ 4. That no citizen possessing all other
qualification which are or may be prescribed by law shall be
disqualified for service as grand or petit juror in any court
of the United States, or of any State, on account of race, color,
or previous condition of servitude; and any officer or other
person charged with any duty in the selection or summoning of
jurors who shall exclude or fail to summon any citizen for the
cause aforesaid shall, on conviction thereof, be deemed guilty
of a misdemeanor, and be fined not more than five thousand dollars.
§ 5. That all cases arising under the
provisions of this act in the courts of the United States shall
be reviewable by the Supreme Court of the United States, without
regard to the sum in controversy, under the same provisions
and regulations as are now provided by law for the review of
other causes in said court.
Approved, March 1, 1875.
Source: U.S. Statutes at Large 18:335 ff
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